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Perth Amboy, NJ Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permitted in
All nonresidential districts
License required from
New Jersey Department of Human Services
Indoor area
30 square feet per child minimum
Outdoor recreation area
30 square feet per child minimum
Before certificate of occupancy
Fire Subcode, Building Subcode and Health Officer approval
Citation
Perth Amboy City Code § 430-60BB

Summary

In the City of Perth Amboy, New Jersey, a child-care center licensed by the New Jersey Department of Human Services is a permitted use in all nonresidential districts. It needs 30 square feet indoors and 30 outdoors per child, plus Fire, Building and Health sign-off before a certificate of occupancy.

BB. Child-care centers, licensed by the New Jersey Department of Human Services shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirements and the permitted density allowable for that building or structure. A minimum indoor area of thirty (30) square feet per child and a minimum area of thirty (30) square feet per child for outdoor recreation shall be provided. Prior to a certificate of occupancy being issued, approval of the site and building for a child-care center from the Fire Subcode, Building Subcode and Health Officer shall be received.

Full Breakdown

Subsection BB of § 430-60 of the Perth Amboy City Code covers child-care centers. It makes centers licensed by the New Jersey Department of Human Services a permitted use in all nonresidential districts. The subsection speaks only to nonresidential districts.

Two land-use benefits come with the permitted status. The floor area occupied in any building or structure as a child-care center is excluded in calculating any parking requirements, and it is also excluded from the permitted density allowable for that building or structure.

Space standards are set per child. A minimum indoor area of thirty (30) square feet per child must be provided, and so must a minimum area of thirty (30) square feet per child for outdoor recreation.

Safety approvals gate the certificate of occupancy. Prior to a certificate of occupancy being issued, approval of the site and building for a child-care center from the Fire Subcode, Building Subcode and Health Officer shall be received. All three sign-offs are required, and they come before the certificate issues.

The zoning steps also apply. Under § 430-101C(1) the Zoning officer administers and enforces the zoning provisions, no zoning permit is issued unless the proposed structure, use, temporary activity and construction activities are in compliance with Chapter 430, and for the new use of an existing structure no certificate of occupancy for the new tenant is issued until a zoning permit has been issued. Section 430-104 requires a certificate of zoning compliance where a building permit is denied, and failure to obtain a certificate of zoning compliance is a violation of the chapter.

Violations & Fines

Operating without the required approvals violates Chapter 430. Under § 430-109, a violation of Chapter 430 is a misdemeanor punishable on conviction by a fine of not more than $1,000, imprisonment of not more than 30 days, or both, plus costs. Each day the violation continues is a separate offense, and owners, tenants, builders and contractors can each be charged.

Frequently Asked Questions

Where can a child-care center open in the City of Perth Amboy?
Section 430-60BB makes centers licensed by the New Jersey Department of Human Services a permitted use in all nonresidential districts. The subsection addresses nonresidential districts only, so a center in a residential district is not covered by its permitted-use statement.
How much space per child is required?
A minimum indoor area of thirty (30) square feet per child and a minimum area of thirty (30) square feet per child for outdoor recreation. Both are stated as requirements that shall be provided, so the outdoor area is a condition of the center, not an option.
Does a child-care center count toward parking requirements?
No. The floor area occupied in any building or structure as a child-care center is excluded in calculating any parking requirements and the permitted density allowable for that building or structure, so the center's floor area does not add to the parking count or to the density.
Who has to approve the building before it opens?
Prior to a certificate of occupancy being issued, approval of the site and building from the Fire Subcode, Building Subcode and Health Officer shall be received. All three approvals are needed before the City of Perth Amboy issues the certificate of occupancy.

Sources & Official References

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